Villarreal et al v. Perfection Pet Foods, LLC

Filing 13

STIPULATION and ORDER GRANTING the parties' request for a continuance of the Initial Scheduling Conference currently set for 2/7/2017 and CONTINUING it to 4/18/2017 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Th e Court grants telephonic appearance to any party wishing to so appear and directing each party to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. Order signed by Magistrate Judge Erica P. Grosjean on 1/30/2017. (Rooney, M)

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1 2 3 4 5 6 7 HOYER & HICKS Richard A. Hoyer (SBN 151931) Ryan L. Hicks (SBN 260284) Jennifer E. McGuire (SBN 282704) 4 Embarcadero Center, Suite 1400 San Francisco, CA 94111 tel (415) 766-3539 fax (415) 276-1738 Attorneys for Plaintiffs STEVEN VILLARREAL, AGUSTIN BENITEZ, and CARLOS MORALES 8 9 10 11 Mark D. Kruthers Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 tel (559) 432-4500 fax (559) 432-4590 12 Attorneys for PERFECTION PET FOODS, LLC 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 STEVEN VILLARREAL, AGUSTIN BENITEZ, and CARLOS MORALES, on behalf of themselves and all others similarly situated, 18 Plaintiffs, 19 Case No. 1:16-cv-01661-LJO-EPG STIPULATION AND ORDER RE: DEADLINE TO FILE RESPONSE TO FIRST AMENDED COMPLAINT AND CONTINUANCE OF SCHEDULING CONFERENCE vs. 20 21 22 PERFECTION PET FOODS, LLC, a California limited liability company, Defendant. 23 24 1 1 I. 2 STIPULATION 3 Plaintiffs STEVEN VILLARREAL, AGUSTIN BENITEZ, and CARLOS MORALES 4 (collectively, “Plaintiffs”) and Defendant PERFECTION PET FOODS, LLC (“Defendant”) 5 hereby agree as follows: 1. 6 Pursuant to a stipulation entered into by Plaintiffs and Defendant, which 7 subsequently became an Order of the above-entitled Court, Plaintiffs filed their First 8 Amended Complaint in this case on January 10, 2017 (the “FAC”). 2. 9 10 Defendant had until January 24, 2017 to file a response to the FAC. 3. 11 12 In accordance with the prior stipulation and Order of the above-entitled Court, In discussions with counsel for Plaintiffs, counsel for Defendant indicated that a Motion to Compel Arbitration would be filed in response to the FAC. 4. 13 Counsel for Plaintiffs agreed to review the arbitration policy and/or 14 agreements at issue and consider whether or not Plaintiffs would be agreeable to 15 stipulating to refer the above-captioned action to binding arbitration. 5. 16 In order to give the parties time to discuss the issue of binding arbitration, and 17 possibly avoid the need for a Motion to Compel Arbitration to be filed, Plaintiffs agreed to 18 continue Defendant’s deadline to file a response to the FAC fourteen (14) days (or until 19 February 7, 2017). 6. 20 Presently, a Mandatory Scheduling Conference is set to take place in the 21 above-captioned action on February 7, 2017. The parties acknowledge that in the event 22 the purported disputes are sent to binding arbitration, there will be no need for the 23 Mandatory Scheduling Conference to take place. 24 / / / 2 1 7. In the event Plaintiffs do not agree to stipulate to binding arbitration, 2 Defendant will file its Motion to Compel Arbitration on February 7, 2017 and request that the 3 hearing on the Motion to Compel Arbitration be set for March 10, 2017. 4 8. In order to the give the parties, and if necessary the Court, time to address 5 the issue of binding arbitration, Plaintiffs and Defendant agree that the Mandatory 6 Scheduling Conference currently set for February 7, 2017 should be continued to a date in 7 late March or early April of 2017. 8 9 10 IT IS SO STIPULATED. Pursuant to Civil Local Rule 131(e), concurrence in the filing of this document has been obtained from Jennifer E. McGuire, Esq., counsel for Plaintiffs on January 24, 2017. HOYER & HICKS 11 12 Date: January 24, 2017 13 14 15 /s/ Jennifer E. McGuire (as authorized on 1-24-17) Jennifer E. McGuire Attorneys for Plaintiffs Steven Villarreal, Agustin Benitez, and Carlos Morales DOWLING AARON INCORPORATED 16 17 18 Date: January 24, 2017 /s/ Mark D. Kruthers Mark D. Kruthers Attorneys for Perfection Pet Foods, LLC 19 20 21 22 23 24 3 1 ORDER 2 Based upon the foregoing stipulation and good cause appearing, the terms and 3 conditions set forth in the Stipulation are SO ORDERED and the Mandatory Scheduling 4 Conference in the above-entitled matter is continued to April 18, 2017 at 9:30 a.m., in 5 6 Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. IT IS SO ORDERED. 7 Dated: 8 January 30, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4

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